Directory_and_Chronicle_1892 — Page 233

H.B.M. SUBJECTS IN CHINA AND JAPAN

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dings, expenses of witnesses and prosecutions, costs and fees, in civil d in criminal cases, in the Supreme Court and other Courts, including the regulation of cross-suits and the admission of counter-claims, and the gulation of proceedings there n, and for the regulation of appeals to the Supreme Court from the other Courts in civil and in crimi al cases, and rehearings before the Judge of the Supreme Court, and may thereby pose reas nable penalties.

Rules affecting the conduct of civil suis shall be so framed as to secure, as far as may be, that cases shall be decided on their mits accord- ng to substantial justice, without excessive regard to technicalities of pleading or proce lure, and without unnecessary delay.

Rules framed by the Judge shall not have effect unless and until they are approved by one of Hr Majesty's Principal Secretaries of State, are that in case of urgency declared in any Rules framed by the Julge, with the approval of Her Majesty's Minister in China, th· same shall have ffect, unless and until they are disapproved by one of Her Maj. sty's Principal Secretaries of Stite, and notification of such disapproval is received and published by the Judge.

128. A Copy of the Rules for the time being in force shall be kept Publication of exhibited conspicuously in each Court and Consulate in China and Japan. Rules. Printed e pies shall be provided and sold at such reasonable prices as

the Judge o! the Supreme Court from time to time directs.

No penalties shall be enforced in any Curt for the breach of any Rule until the Rule has been so ‹ xhibited in the Court for one month.

129. A printed copy of any Rule, purporting to be certified under the Endence of hand of the Judge of the Supreme Court and the seal of the Court, shall rules. be for all purposes conclusive evidence of the due framing, ap, roval, and publication of the contents thereof.

130. From and after the commencement of any Rules made by the Revocation of Judge of the Supreme Court under this Order, all Rules ani Regulatious existing R-3 theretofore made by the Chief Superintenden: of Trade in China, or by Her Majesty's Consul-General in Japan, in respect of any matter in re pect whereof the Judge of the Supreme Court is by this Order authorised to make Rules, shall cease to operate.

XVIII.—APpeal to Her MAJESTY IN Council.

from Supreme

cases involving

131. Where any final decrce or order of the Supreme Court is made Appeal on in a civil cas in respect of a sum or matter at issue of the amount or value question of law of 2,500 dollars or upwards,-or determines direct or indirectly any claim Court in Civil or question respecting property of the amount or value of 2,500 dollars or 2,500 dollars of upwards, any party aggrieved by the decree or order may, within fifteen upwards. days after the same is made, apply by motion to the Supreme Court for leave to appeal to Her Majesty in Council.

132. If leave to appeal is applied for by a party adjudged to pay money Execution or or perform a duty, the Supreme Court shall direct either that the decree suspension. or order appealed from be carried into execution, or that the execution thereof be suspended, pending the appeal, as the Court considers to be in accordance with substantial justice.

133. I the Court directs the decree or order to be carried into execu- Security on tion, the party in who e favour it is made stall, before the execution of it, execution. give security to the satisfaction of the Court for the due performance of sneh order as Her Majests in Council may think fit to make.

134. If the Court direct the execution of the decree or order to be Security on suspended pending the appeal, the party agai st whom the decree is made suspension. shall, before any order for suspension or execution, give security to the satisfaction of the Court or the due performance of such order as Her Maj st in Council may think fit to make.